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Change in circumstances

Posted by Peacefullife 
Change in circumstances
May 18, 2021 09:44PM
Hi All,

I am a single parent, divorced with a clean break, have a daughter aged 12yrs (granted live with order) considering Boarding School (full board) for her. My Ex doesn’t fulfil the weekly contact arrangement as per the Court Order, has not contributed towards child maintenance for the past year and is now refusing for the Boarding School option.

The fact that I have a live with order and if my daughter is willing can I take the decision of sending her to the Boarding School without my Ex’s consent? The Boarding School option is around an hour’s drive from his home and 2 hrs by train.

In addition (incase Boarding is not possible for whichever reason) if I need to relocate (within UK) and obviously change my daughter’s school, am I legally required to take my Ex’s consent?

My Ex is very adamant that I cannot move a step without his consent. I need to know my legal rights since I have the live with order.

Thanking you in anticipation.

Re: Change in circumstances
May 19, 2021 10:31AM
Both parents normally have parental responsibility regardless of which parent the child lives with. Parental responsibility does mean having some say in the education of a child. Indeed, if you are expecting your ex husband to pay for it most people would expect your husband to have some say in the matter of whether your daughter attends boarding school. It may be reasonable for you to do that but your ex husband is entitled to be heard.
Re: Change in circumstances
May 19, 2021 11:43AM
Thanks for your prompt response.

Just to clarify my Ex is not paying any child maintenance for the past year and does not want to contribute towards the Boarding School fees either. I will be funding the Boarding School fees and all other expenses for my daughter’s education and betterment.

My daughter and I wish to proceed with the Boarding School option however my EX is not agreeing, do I need his consent (legally/in-writing)? If he doesn’t give his consent what are my next best options legally to proceed with the Boarding School?

Kind Regards
Re: Change in circumstances
May 19, 2021 06:39PM
You can proceed unless he stops you. He would have to make an application for a 'prohibited steps' order in order to stop you. Whether he would actually make such an application is anyone's guess. Then there is the question of whether a court would prevent you from sending your daughter to a boarding school indefinitely. That seems very unlikely to me. At best I suspect your ex husband may be able to delay your plans but I doubt that he can prevent it entirely. That would be a very difficult argument to make.
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